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Escorts Mahle Ltd. Vs. State of Karnataka and anr.

Court : Karnataka

Reported in : [2001]121STC434(Kar)

..... is not a 'local area' for the purpose of entry 52 of list ii (state list) of the seventh schedule to the constitution of india.in ..... act but only prospectively that is with effect from august 19, 1992 ;(iv) no tax can be levied on the entry of raw materials in a local area which are meant for use in the manufacture of an intermediate or finished product which is specified in the second schedule to the act ;(v) the laying clause contained in section 31 of the act is directory in nature and its non-compliance does not touch upon the enforceability of the impugned notifications ;(vi) an 'industrial area' declared under section 3 of the karnataka industrial areas development act, 1966 ..... considered the said contention in detail after referring to the provisions of the karnataka industrial areas development act and the decisions of the supreme court in diamond sugar mills ltd. v. ..... of learned counsel for the petitioner that causing entry of scheduled goods into 'area' managed by karnataka industrial areas development board would not attract levy under entry tax act cannot be accepted'. .....

Widia (India) Limited and ors. Vs. the State of Karnataka and ors.

Court : Karnataka

..... industrial area is for limited purpose and section 3 of the karnataka industrial areas development act, 1966 specifically provides that the state government may by notification declare any area to be an industrial area for the purposes of the said act. ..... contended that most of the appellants in the appeals fall within the limit of industrial area as declared under section 3 of the karnataka industrial areas development act, 1966. ..... to be narrated for being rejected, as it cannot be disputed that the 'industrial area' is either within the area of municipal corporation or within the area of municipal limits or panchayat limits. ..... hence, they would not be covered by the definition provided under section 2(a)(5) of the act, which defines 'local area' to mean:'local area' means an area within the limits of a city under the karnataka municipal corporation act, 1976 (karnataka act 14 of 1977) a municipality under the karnataka municipality act, 1964 (karnataka act 22 of 1964) a notified area committee, a town board, a sanitary board or a cantonment board constituted or continued under any law for the time being in force and a mandal ..... the constitutional validity of karnataka tax on entry of goods into local areas for consumption, use or sale therein act, 1979 (hereinafter referred to as 'the act') and the notifications issued by the state government in exercise of its powers conferred by section 3 of the said act were challenged before the high court by filing writ petitions under article .....

M.N. Laxminathaiah and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR1984KAR943; 1984(2)KarLJ272

..... appeal may briefly be stated as follows :-the government of karnataka issued a preliminary notification dated 28-2-1981 under section 28(1) of the karnataka industrial areas development act, 1966 (herein after referred to as 'the act'), to the effect that the six lands mentioned therein are required for the purpose of development of industries by the karnataka industrial area development board, and that it intends to acquire the said lands. ..... in the opinion of the state government, any land is required for the purpose of development by the board, or for any other purpose in furtherance of the objects of this act, the state government may by notification give notice of its intention to acquire such land ..... including the preliminary notification should be quashed under article 226 of the constitution on the ground of delay in serving notice under section 28(2) of the act, has to be examined with reference to the facts of the particular case, and no hard and fast rule can be laid down in this behalf ..... sri ramachandra, however, contended that by permitting the autorities now to serve notice under section 28(2) of the act we will be enabl-ing the authorities to effect such service more than three years after the publication of the preliminary notification and that ..... ramachandra is right in contending that the notice contemplated by sub-section (2) of section 28 of the act is required to be served simultaneously with the publication of the preliminary notification under sub-section (1) of .....

Ahuja Industries Ltd. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Reported in : AIR2003SC3519; JT2003(3)SC566; 2003(3)SCALE623; (2003)5SCC365; [2003]3SCR351

..... 570 of 2001, (hereinafter referred to as 'the impugned order') upholding the order of the single judge in dismissing the writ petition filed by the appellant challenging the acquisition proceedings initiated under the karnataka industrial areas development act, 1966 (hereinafter referred to as 'the act') including survey no. ..... it is seen that the notification dated 20th october, 1997 under section 1(3) of the act applying the provisions of chapter vii of the land in question and the notification under section 3(1) of the act declaring the area as an industrial area for the purpose of the act and the preliminary notification under section 28(1) of the act giving notice of its intention to acquire the land for the purpose of development are all gazetted on 30th october, 1997. ..... if the government on the basis of material, survey and study conducted by its agencies is of the opinion that a given area is suitable for acquisition, then for purpose of furtherance of the objects of the act, it can extend the provisions of the act to the said area, constituting the same as an industrial area under section 3(1) and notify its intention to acquire under section 28 simultaneously as well.10. ..... while it is true that an occasion for the government to exercise powers under section 28(1) may generally arises for an area has been notified as an industrial area, yet the scheme underlying the act does not exclude a situation in which the government may perform all the three functions simultaneously. .....

Aravind and ors. Vs. the Special Land Acquisition Officer, Kiadb and a ...

Court : Karnataka

Reported in : ILR2006KAR922; 2006(3)KarLJ403

..... the said request is rejected under annexure-j dated 22-11-2003 on the ground that the amount has been paid as per the agreement under section 29(2) of the karnataka industrial areas development act, 1966 (here in after referred to as the act'). ..... the said lands had been acquired by the karnataka industrial areas development board. ..... , those benefits cannot be deprived of to the petitioners merely because they entered into agreements before the declaration of final notification and therefore the said agreements cannot be construed as agreements as provided under section 29(2) of the act, as the determination of compensation amount in respect of their lands could have been only after the final notification is published by the government declaring the acquisition of lands for public purpose in favour of kiadb.g) as could be seen from ..... the stand of the kiadb is wholly untenable in law and cannot be accepted for the following reasons:a) even though section 29(2) of the act states that the compenstion shall be paid in accordance with the agreement in view of the fact that the agreement could not have been entered into by the parties before the acquisition of lands has become ..... sangappa dyavappa biradar in support of his contention that since the petitioners received the amounts by executing agreements under section 29(2) of the act, they are not entitled to seek any more amount and other benefits under the provisions of l.a. .....

Smt. Thimmakka, Wife of. Chennappa and ors. Vs. the Chief Secretary to ...

Court : Karnataka

..... were acquired for development of industrial area by the karnataka industrial areas development board under preliminary notification dated 01.02.2003 and final notification dated 15.03.2004, issued under sections 28(1) and 28(4) of the karnataka industrial areas development act, 1966 (for short 'act'). ..... the special land acquisition officer, karnataka industrial area, development board, no.3, i cross, khene buildings, 3rd floor, gandhi nagar, ..... karnataka industrial areas development board - order dated 29.10.2002 in w.a nos.363s- ..... karnataka industrial areas development board & another - order ..... karnataka industrial area development board - ilr 1995 kar 22504) ..... respondent nos.4 & s, on the other hand contended that, the act is a special enactment with a special purpose of achieving rapid and systematic development of industries and industrial areas in the state of karnataka and that the act provides for determination of compensation by agreement in the first instance and if compensation cannot be determined by mutual agreement, the act provides for passing of general award, as is clear from section 29 cf the act. ..... acceptable, w.p.nos.24492/2004, 27131/2004 and 27138/2004 were filed, which were disposed of on 5.10.2005 and consequently reference was made to civil court under section 13 of land acquisition act and before the reference could be adjudicated and decided, on account of an amicable settlement between the petitioners in the said reference cases and respondents 6 & 7 herein. .....

The Special Land Acquisition Officer, Karnataka Industrial Areas Devel ...

Court : Karnataka

Reported in : ILR2005KAR2987; 2005(2)KarLJ445

..... question was proposed for being acquired by way of preliminary notification under section 28(1) of the karnataka industrial areas development act, 1966. ..... this appeal is by the special land acquisition officer, karnataka industrial areas development board, dharwad and the kiadb, appellants 1 and 2 respectively challenging the judgment and award passed by the reference ..... there is absolutely no difficulty or confusion in the facts of this case in applying the provisions of section 23(1-a) of the act, section 23(1-a) states as under:'section 23(1-a): in addition to the market-value of the land, as above provided, the court shall in every case award an amount calculated at the rate of twelve per cent per annum ..... , : air2001sc2951 .the reference court while awarding the additional amount of 12% as per section 23(1-a) of the act from the date of preliminary notification till the date of passing of the award, has ignored the date of taking over possession which is anterior in point of time to the date of ..... it is on that has is that he has awarded additional amount payable under section 23(1-a) of the act at 12% per annum from 4-3-1975 (date of publication of preliminary notification) till 18-4-1977 (date on which possession of the ..... for the amount calculated at 12% of such market value from the date of publication of the preliminary notification namely 3-3-1975 till the date of award passed by lao on 18-34992 as per section 23(1-a) of the act and as held in siddappa vasappa kuri and anr. v. .....

Abdul Khader Mekhri Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1991KAR3203; 1991(1)KarLJ371

..... 82 dated 11-8-1982 published in the official gazette dated 4-11-1982 issued under sub-section (1) of section 28 of the karnataka industrial area development act, 1966 (hereinafter referred to as 'the act') giving notice of intention to acquire the lands in question along with several other lands. 3. ..... the heirs of deceased abdui khader mekhri ought to have been shown as the khatedars and notice pursuant to the notification of intention to acquire the lands in question for the purpose of development by karnataka industrial areas development board for the establishment of industries therein, ought to have been issued; that such notice was not served upon the petitioners therefore, they could not file their objections and as such could not participate in the enquiry ..... of ours should have normally resulted in quashing the impugned notifications in so far they relate to the lands in question, however, the subsequent developments in the case and the laches on the part of the petitioners make us to refrain from granting the relief to the petitioners. ..... of the lands and have been granted occupancy right under the karnataka land reforms act, that the petitioners did not get their names mutated in the relevant revenue records as required by section 128 of the karnataka land revenue act, 1964, as such, no notice could be issued to the petitioners pursuant to the notification published under section 28(1) of the act inasmuch as the second respondent could not come to know the names of the .....

K. Balakrishna and anr. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2002(4)KarLJ10

..... herein have questioned the validity of notifications dated 11-4-1995 and 11-9-1997 (annexure-a and c) issued under subsections (1) and (4) of section 28 of the karnataka industrial areas development act, 1966 (karnataka act no. ..... of 1966) (in short, 'the act') by which the lands of the petitioners have been acquired for the purpose of 'development' within the meaning of clause (5) of section 2 of the act.2 ..... in satendra prasad jain's case, supra and the three other decisions examined the applicability of section 11-a with reference to section 17 of the l.a act which provides for vesting of the land in the government on taking possession, even before the award is made.10. ..... other ground taken for assailing the acquisition proceedings is that though the declaration under section 28(5) of the act was published in the official gazette on 11-9-1997, no award has been made within two years thereof ..... apart from the above aspect, it has to be borne in mind that sub-section (5) of section 28 of the act specifically declares that on publication in the official gazette of the declaration under sub-section (4), the land sought to be acquired shall vest absolutely in the state government free from all ..... period, the entire proceedings for the acquisition of the land shall lapse: provided that in a case where the said declaration has been published before the commencement of the land acquisition(amendment) act, 1984, the award shall be made within a period of two years from such commencement. .....

H.G. Sheela Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2006(3)KarLJ24

..... and approved by the state government under the provisions of section 41(2)(b) of the karnataka industrial areas development act, 1966 and elaborate procedure is prescribed under the regulations for allotment of land or shed in a industrial area by either the board, sub-committee or its executive member in favour of a eligible ..... 3(1) of the karnataka industrial areas development act, 1966 (hereinafter referred to as 'the act'), produced as annexure-h ..... intentment and scheme of the act, statutory procedure is provided to achieve the objects of the act to acquire the lands in favour of the board to form industrial area upon which industrial plots are carved out, construct sheds and dispose of the same as provided under regulation 5 of the karnataka industrial areas development board regulations of 1969 (hereinafter ..... (ii) to declare section 3(1) of the act as illegal; and (iii) to direct the state government to condition enquiry against the officers of karnataka industrial areas development board (hereinafter referred to as 'the kiadb ..... 10 of the regulations which provisions are mandatory in nature as the state government has to exercise its eminent domain power to acquire the private lands for formation of an industrial area for industrial development to achieve the intentment and object of the act by framing the scheme and allot the same in favour of the eligible applicants/industrialists by strictly following the procedure as provided under the regulations, the same is in accordance .....